The covid-19 pandemic, force majeure and changed contractual circumstances

Authors

  • Enrique Varsi Rospigliosi Universidad Nacional Mayor de San Marcos
  • Nelson Rosenvald Universidad de Lima
  • Marco Andrei Torres Maldonado Universidad de Lima

Abstract

The declaration of a state of emergency due to the covid-19 pandemic requires an analysis of the validity of the contractual relations and how these may be affected by extraordinary, unforeseeable and irresistible events that prevent the performance of the services, as well as those cases in which the alteration of circumstances may lead one of the parties to demand that the judge recompose the content of the agreed service or terminate the contract.

Keywords:

impossibility, force majeur, hardship, covid-19, excuse for non-performance, impossibility of fulfilment, theory of unforeseen events